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31-24
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Last modified
9/27/2024 3:46:33 PM
Creation date
9/27/2024 3:45:56 PM
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Resolutions
Number
31-24
Date
06/20/2024
Description
Approving the Sewer Construction and Dedication Agreement for Old Ranch Lane Sanitary Sewer Main Extension
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8. Waiver of Claims for Potential Subsequent Users and Reimbursements. Applicants <br />hereby on behalf of themselves and their respective successors and assigns, knowingly and voluntarily <br />release and forever discharge, to the full extent permitted by law, the Town, of and from, any and all <br />claims, actions, causes of action, demands, rights, damages, costs, expenses, including attorney's fees, <br />and compensation whatsoever, relating to any potential subsequent sewer users of the Old Ranch <br />Lane Sanitary Sewer Main Extension line, including any claims to collect any future sewer future user <br />fees and reimbursements. Applicants further agree not to sue, file a claim, or institute any other <br />proceedings against the Town for any and all liability, claims, loss, damages, expenses and costs <br />related to any claim that may be filed for the collection of subsequent sewer user reimbursements or <br />fees. <br />9. Cost Reimbursement. Applicants assume full responsibility for all costs incurred by the <br />Town in relation to the administration of this Agreement, including, but not limited to, charges for <br />outside consultants such as the Town's consulting engineer and the City Attorney, among others. A <br />Cost Reimbursement Agreement will be considered before acceptance of the Project. <br />10. Defaults. In the event a Party believes another Party has breached any provision of this <br />Agreement, the non -defaulting Party shall give written notice to the defaulting Party specifying the <br />grounds of the alleged breach. The defaulting Party shall have thirty (30) days to cure the alleged <br />breach or begin cure if the breach cannot be cured within thirty (30) days and shall diligently continue <br />to cure until complete. In the event a breach is not cured within the time provided or fails to diligently <br />continue to cure, the defaulting party shall be deemed in default. <br />11. Amendment. This Agreement or any portion hereof may be amended or modified, except <br />where otherwise provided in this Agreement, only by mutual consent of the Parties in writing. <br />12. Termination. This Agreement shall automatically terminate upon the Town accepting the <br />dedication of the Old Ranch Lane Sanitary Sewer Main Extension. After termination, the Parties <br />shall execute such additional documents as are reasonably required by a title company to remove this <br />Agreement as an encumbrance. <br />13. Successors and Assigns. The covenants, obligations and agreements contained in this <br />Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, <br />personal representatives, successors and assigns, successors -in -interest, as the case may be. <br />14. Notices. All written notices required to be given pursuant to the terms hereof shall be sent <br />by (a) personal delivery, (b) a nationally recognized overnight courier service, or (c) United States first <br />class mail, registered or certified return receipt requested and postage prepaid as expressly provided <br />herein. <br />All notices shall be addressed as follows: <br />To Town: Town of Los Altos Hills <br />26379 Fremont Road <br />Los Altos Hills, CA 94022 <br />Attn: City Manager <br />
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